Form AT-115 is the California Judicial Council form titled Application and Order for Appearance and Examination, and you fill it out by entering the court information, your case details, the judgment debtor’s name, the examination date, and your sworn statement that the debtor owes more than $250, then file it with the court clerk and serve it personally on the debtor at least 10 days before the hearing under CCP § 708.110.
This single form unlocks one of the most powerful post-judgment tools in California civil practice, the judgment debtor examination, which forces a debtor to sit under oath and answer questions about every bank account, paycheck, vehicle, and asset that could satisfy your judgment. According to the California Courts self-help center, nearly 80% of small claims judgments go uncollected, and the AT-115 is often the difference between a worthless paper judgment and real money in your pocket.
Here is what you will learn in this guide:
- ⚖️ How to complete every line of Form AT-115 without triggering a clerk rejection.
- 📅 The exact deadlines, service rules, and 120-day waiting period under CCP § 708.160.
- 💰 How to compel a debtor to bring bank records, pay stubs, and tax returns to the hearing.
- 🚨 What happens when a debtor ignores the order, including bench warrants and contempt sanctions.
- 🧾 Three real-world scenarios with named examples, plus 10+ FAQs covering privilege, third-party exams, and statewide nuances.
What Form AT-115 Actually Does
Form AT-115 is a two-part Judicial Council form that combines an application by the judgment creditor with an order signed by the court, and together they command a person to appear at a courthouse and answer questions under oath about money and property. The form is mandatory statewide under California Rule of Court 1.31, which means no county may substitute a local form for it.
The legal engine behind AT-115 is the Enforcement of Judgments Law, codified at CCP §§ 708.110 through 708.205. This statutory scheme gives a judgment creditor the right to demand a sworn examination of the debtor, a third party who owes the debtor money, or a spouse holding community property. The information gathered drives later collection steps like wage garnishments, bank levies, and till taps.
When a judge signs the order on the bottom half of the AT-115, that order carries the full force of a court directive. Ignoring it is not like ignoring a demand letter from a collection agency. A debtor who skips the hearing risks a bench warrant under CCP § 708.170, contempt findings, and even a $1,000 sanction payable to the creditor.
The form also doubles as a lien-creation device. Personal service of the AT-115 on a judgment debtor creates a lien on the debtor’s personal property for one year under CCP § 708.110(d), which means the debtor cannot quietly sell off assets to dodge collection during that window. Many creditors miss this lien benefit and treat the form as a mere subpoena, which leaves money on the table.
A common misconception is that AT-115 is only for small claims cases. The form works in small claims, limited civil, unlimited civil, and family law support enforcement matters, and the same statutory rules apply across each tier. The only meaningful difference is the dollar amount of the underlying judgment and the courthouse where you file.
Who Can File Form AT-115
Any judgment creditor with a money judgment entered in a California court may file Form AT-115 to examine the debtor. The judgment must be final, meaning the appeal period has run or the appeal has concluded, and at least $250 must remain unpaid as required by CCP § 708.110(a).
The creditor can be an individual, a corporation, an LLC, an assignee of record, or a successor in interest. Assignees must first record the assignment using Form MC-012 and an Acknowledgment of Assignment before filing AT-115, because the clerk will reject an examination application from a non-party of record.
Pro per litigants file AT-115 every day in California small claims courts, and the Judicial Council self-help guide walks them through the basics. Attorneys file it in limited and unlimited civil cases, often paired with a Form SUBP-010 subpoena duces tecum demanding documents at the exam.
The consequence of filing without standing is dismissal and possible sanctions. A creditor who files AT-115 before the judgment is final, or while a stay of enforcement is in effect under CCP § 918, wastes filing fees and risks paying the debtor’s attorney fees for the wrongful examination.
A misconception worth flagging is that creditors think they need a lawyer to file AT-115. They do not. Small claims creditors must appear without counsel under CCP § 116.530, and even in limited civil cases the form is designed for self-represented use.
When You Can File AT-115
You may file Form AT-115 once the judgment is enforceable, which generally means 30 days after entry of judgment in a limited or unlimited civil case, or 30 days after the clerk mails the Notice of Entry of Judgment in small claims. Filing earlier risks a stay challenge under CCP § 918.5.
The most-litigated timing rule is the 120-day bar under CCP § 708.160(b). A creditor cannot examine the same debtor more than once every 120 days unless the court grants leave for good cause. Filing a second AT-115 inside that window without a noticed motion is grounds for a protective order and sanctions.
Holiday and weekend timing matters because the order specifies a specific calendar date for the hearing. If the date falls on a court holiday listed in Government Code § 6700, the clerk will reject the form. Always check the local court calendar before requesting a date.
The consequence of filing too soon is wasted time and a possible monetary sanction. The consequence of filing too late is far more painful, because California money judgments expire 10 years after entry under CCP § 683.020 unless renewed using Form EJ-190.
A common misconception is that the 120-day rule blocks all examinations. It does not. You may always examine a different debtor or a third party who owes the original debtor money, and the 120-day clock restarts each time you renew the judgment.
Where to File Form AT-115
You file Form AT-115 in the same court that entered the judgment, and you request the hearing in the county where the debtor resides or has a place of business under CCP § 708.160(a). If the debtor lives more than 150 miles from the issuing court, you must apply in the superior court of the debtor’s home county.
This venue rule protects debtors from being dragged across the state for an exam. A Los Angeles creditor with a judgment against a Eureka resident cannot force the debtor to appear in Stanley Mosk Courthouse. The creditor must instead file the AT-115 in Humboldt County Superior Court using a certified copy of the original judgment.
The mechanics of out-of-county filing trip up many creditors. You first obtain a certified copy of the judgment from the issuing clerk, then file it in the debtor’s home county along with the AT-115 and the appropriate filing fee under Government Code § 70626. The new county opens a “sister-state” style enforcement file.
The consequence of filing in the wrong county is dismissal of the application and a refund only of the unused portion of fees. The debtor may also recover travel costs and attorney fees if the creditor knew of the venue defect.
A frequent misconception is that creditors think they can file in any courthouse where the debtor “sometimes works.” Place of business under the statute means a regular, established location, not a sales territory or a remote-work address.
How to Fill Out Form AT-115, Line by Line
Filling out the current AT-115 takes about 15 minutes if you have your case number, the debtor’s address, and a proposed hearing date in front of you. The form has a caption block, an application section, and an order section that the judge signs.
Caption Block
The top caption asks for the attorney or party name, address, telephone, email, and State Bar number, which mirrors the standard format from California Rule of Court 2.111. Self-represented creditors write “In Pro Per” where the bar number goes.
You then enter the superior court name and branch, the street address of the courthouse, and the mailing address if different. The next field is the case caption, which must match the original judgment exactly, including punctuation and “dba” designations.
The final caption field is the case number. Copying the case number wrong is the single most common reason clerks reject the form, because the case-management system cannot find a matching file. Triple-check the digits against your judgment.
Item 1: Judgment Debtor or Third-Party Box
Item 1 has two checkboxes. Box 1.a identifies the person to be examined as the judgment debtor. Box 1.b identifies the person as a third party who owes more than $250 to the debtor or holds property of the debtor under CCP § 708.120.
Choosing the wrong box is fatal. A creditor who checks 1.a but lists a bank as the examinee will have the order quashed because banks are third parties. A creditor who checks 1.b without attaching a sworn statement of the $250 obligation faces dismissal under CCP § 708.120(c).
The consequence of misidentification is a wasted hearing slot, a wasted process server fee, and a 120-day delay before the next attempt. Take an extra minute to confirm the relationship before checking.
Item 2: Hearing Date, Time, and Department
Item 2 is where you propose a date, time, department, room, and address for the examination. Most counties publish a reservation calendar you must use before completing this field, and Los Angeles, Orange, San Diego, and Alameda all require online reservation.
Pick a date at least 30 days out to give time for personal service plus the 10-day cushion required by CCP § 708.110(d). Picking a date too soon means the process server cannot complete service in time, and the order becomes void as to the lien.
The consequence of leaving Item 2 blank is automatic clerk rejection. The consequence of choosing an unavailable department is a continuance and possible sanctions for wasting court resources.
Item 3: Affidavit Statements
Item 3 contains the sworn statements that support the application. Box 3.a declares that the judgment debtor owes more than $250. Box 3.b declares the third-party basis if you checked 1.b. Box 3.c is the venue declaration confirming residence or business within 150 miles.
These statements are made under penalty of perjury under CCP § 2015.5. False statements expose the creditor to perjury prosecution and to a malicious-prosecution-style civil claim by the debtor.
The consequence of an unchecked Item 3 box is denial by the judge. The consequence of a false Item 3 box is far worse, including criminal exposure under Penal Code § 118.
Item 4: Optional Document Production Request
Item 4 lets you request the debtor to bring documents to the hearing, such as bank statements, pay stubs, deeds, and tax returns. The proper practice is to attach a Form SUBP-010 listing each category of records and to incorporate it by reference here.
A demand without a separate subpoena is unenforceable. The judge cannot compel production based on a one-line entry on AT-115 alone, because CCP § 1985 requires a separate subpoena form.
The consequence of skipping the subpoena is a hearing where the debtor walks in empty-handed, claims forgetfulness, and forces a continuance. The consequence of an overbroad subpoena is a motion to quash and possible attorney-fee sanctions.
Order Section and Signature
The bottom half of AT-115 is the order, which the clerk routes to a judge for signature. The judge signs and dates it, and the clerk returns conformed copies for service. You do not sign this section.
A common misconception is that the creditor signs the order. Doing so invalidates the form because only a judicial officer may issue an examination order under CCP § 708.110(b).
Filing Fees and Waivers
The current filing fee for AT-115 in most counties is $60 under Government Code § 70617(a)(7), payable to the clerk at the time of filing. Small claims creditors pay a reduced fee that varies by county.
Low-income creditors may apply for a fee waiver using Form FW-001. The waiver covers the AT-115 fee, the issuance fee for the order, and the sheriff’s service fee under Government Code § 68631.
The consequence of filing without paying the fee or attaching a granted FW-001 is rejection. The clerk’s office is not authorized to advance fees, and the case-management system blocks unpaid filings.
A common misconception is that the debtor reimburses the fee automatically. The fee is recoverable only if the creditor files a Memorandum of Costs After Judgment, Form MC-012, within two years under CCP § 685.070.
Service of the Order on the Examinee
Once the judge signs the order, you must personally serve it on the examinee. Mail service is not allowed for AT-115 under CCP § 708.110(d), because the order acts as a quasi-contempt directive.
Service must occur at least 10 calendar days before the hearing, and any adult who is not a party may serve the order. Most creditors hire a registered process server or the county sheriff for $40 to $125.
The server completes Form POS-010 and files it with the court. Without a filed proof of service, the judge cannot issue a bench warrant if the debtor fails to appear.
The consequence of late or improper service is dismissal of the order and forfeiture of the lien created by service. A misconception is that “sub-served” delivery to a roommate counts. It does not for AT-115. The form requires hand-to-hand personal service on the examinee.
What Happens at the Hearing
The examination takes place in open court, typically in a calendar department, and lasts 15 minutes to two hours depending on the complexity of the debtor’s finances. The creditor or counsel asks questions under oath, and a court reporter or electronic recording captures the testimony under California Rule of Court 2.952.
You may ask about bank accounts, employment, real estate, vehicles, business interests, cryptocurrency wallets, accounts receivable, and recent asset transfers. The scope is broad because Evidence Code § 351 makes all relevant evidence admissible, and post-judgment discovery is liberally construed under Hooser v. Superior Court (2000) 84 Cal.App.4th 997.
The debtor may invoke the Fifth Amendment for questions that would expose criminal liability, and may invoke marital and attorney-client privileges. The debtor cannot refuse to answer routine asset questions, and a refusal triggers an immediate motion to compel before the same judge.
The consequence of a productive exam is a roadmap for wage garnishments using Form WG-001, bank levies using Form EJ-152, and till taps. The consequence of a wasted exam is no information and a 120-day cooldown.
Three Real-World Scenarios
The following scenarios illustrate how AT-115 works across the most common collection contexts in California, drawn from typical fact patterns reported by the California Receivers Forum and small claims advisor offices.
Scenario 1: Landlord Collecting After Eviction
| Landlord Action | Court Outcome |
|---|---|
| Maria, a Sacramento landlord, wins a $9,500 unlawful detainer judgment for unpaid rent and damages. | Judgment becomes enforceable 30 days after entry under CCP § 1170.7. |
| Maria files AT-115 in Sacramento Superior Court 45 days after entry, requesting a 60-day-out hearing. | Clerk issues the order, the sheriff serves it on the former tenant at his new apartment. |
| Tenant appears, discloses a server job at a downtown restaurant. | Maria immediately issues a wage garnishment using Form WG-001 and recovers $325 per pay period. |
Scenario 2: Small Business Chasing an Unpaid Invoice
| Creditor Action | Court Outcome |
|---|---|
| David, owner of a San Diego HVAC company, wins a $7,200 small claims judgment against a non-paying client. | Judgment final 30 days after the Notice of Entry SC-130. |
| David files AT-115 with a SUBP-010 demanding bank statements and QuickBooks records. | Judge signs the order, debtor served personally 12 days before hearing. |
| Debtor brings statements showing a Wells Fargo account with $14,000. | David files a bank levy and collects in full within 30 days. |
Scenario 3: Consumer Debt Buyer with an Assigned Judgment
| Assignee Action | Court Outcome |
|---|---|
| LVNV Funding buys a $4,300 credit-card judgment originally entered in Riverside County. | LVNV records the assignment using MC-012 under CCP § 673. |
| LVNV files AT-115 in Riverside, debtor lives 175 miles away in Bakersfield. | Court denies for venue, LVNV refiles in Kern County with a certified judgment copy. |
| Debtor appears, invokes Fifth on questions about a side cash business. | Judge sustains the privilege, LVNV still obtains employer information for a wage garnishment. |
Three Named-Person Examples
Example 1, Priya the Freelance Designer. Priya wins a $6,800 judgment in San Francisco Small Claims against a tech startup that stiffed her on a logo project. She files AT-115 naming the startup’s CEO as the person most knowledgeable, attaches a SUBP-010 for 12 months of bank statements, and serves the CEO at his Mission District office. At the hearing, the CEO admits the company maintains a Mercury Bank account with $40,000, and Priya levies the account the next morning under CCP § 700.140.
Example 2, Marcus the Subcontractor. Marcus, a Fresno electrician, holds a $22,000 limited civil judgment against a general contractor who keeps moving assets between LLCs. Marcus files AT-115 every 121 days, alternating between examining the contractor personally and examining the contractor’s bookkeeper as a third party under CCP § 708.120. After three rounds, Marcus locates a hidden equipment-finance account and obtains a turnover order.
Example 3, the Chen Family Trust. The trustees of the Chen Family Trust hold a $145,000 unlimited civil judgment against a former tenant who damaged a commercial property. They file AT-115 in Santa Clara County, and the debtor fails to appear. The judge issues a bench warrant under CCP § 708.170 with a $5,000 bail, and the debtor surrenders within a week, leading to a productive examination.
Mistakes to Avoid
- Skipping personal service. Mailing the order voids the lien and the bench-warrant remedy under CCP § 708.110(d), and the debtor walks free.
- Filing inside the 120-day window. Stacking exams without leave of court triggers a protective order and sanctions under CCP § 708.160.
- Wrong venue for distant debtors. Filing more than 150 miles from the debtor’s home leads to dismissal and travel-cost shifting.
- Forgetting the SUBP-010. Without a separate subpoena, the debtor arrives empty-handed and the hearing produces nothing useful.
- Checking the wrong examinee box. Confusing 1.a and 1.b leads to a quashed order and a wasted process-server fee.
- Missing the renewal deadline. Failing to renew the underlying judgment within 10 years using Form EJ-190 renders future AT-115 filings void.
- Ignoring stays of enforcement. Filing while a CCP § 918 stay is in place exposes the creditor to fee-shifting and Rule 8.276 sanctions.
- Failing to file the proof of service. No POS-010 means no bench warrant, full stop.
- Asking irrelevant or harassing questions. Crossing the line invites a protective order and possible damages under CCP § 708.200.
- Forgetting to claim costs. Skipping the MC-012 cost memo means the creditor eats the filing and service fees.
Dos and Don’ts
Do
- Do reserve a hearing date online before drafting Item 2, because counties like Los Angeles and Orange will reject any unreserved date.
- Do attach a SUBP-010 for documents, because oral testimony alone often produces vague “I don’t remember” answers.
- Do serve through the sheriff when the debtor is evasive, because Government Code § 26721 gives the sheriff statutory authority to enter common areas.
- Do file the proof of service at least 5 days before the hearing, so the judge has time to confirm jurisdiction.
- Do bring a current Memorandum of Costs to the hearing to update the balance owed.
Don’t
- Don’t sign the order section, because only a judicial officer may issue it, and a creditor signature voids the whole form.
- Don’t mail the order, because mail service is statutorily insufficient and forfeits both the lien and the bench-warrant remedy.
- Don’t file inside 120 days without a noticed motion showing good cause for the second exam.
- Don’t ask criminal-exposure questions without a clear theory, because the Fifth Amendment will shut down the line of questioning.
- Don’t forget the lien, because every personally served AT-115 creates a one-year lien on personal property under CCP § 708.110(d), and you should record it where helpful.
Pros and Cons of Using AT-115
Pros
- Sworn testimony carries far more weight than written interrogatories, because the debtor cannot stall with form objections.
- Document production through a paired SUBP-010 produces hard evidence for later levies and garnishments.
- The lien feature under CCP § 708.110(d) freezes asset transfers for one full year.
- Bench-warrant leverage turns no-shows into in-custody appearances under CCP § 708.170.
- Low cost of $60 plus service fees produces high return when even one bank account is uncovered.
Cons
- 120-day cooldown prevents rapid follow-up exams without a court order.
- Personal service requirement makes evasive debtors expensive to reach.
- Fifth Amendment invocations can shrink the useful scope of testimony.
- Calendar congestion in counties like Los Angeles Superior Court means hearings are scheduled 60 to 90 days out.
- No automatic turnover of cash, because the creditor still must file separate levy paperwork after the exam.
Federal Law Considerations
Federal law does not provide a direct equivalent to AT-115, but federal judgment creditors use Federal Rule of Civil Procedure 69(a) to borrow California’s examination procedure when collecting on a federal court judgment in California. The federal creditor files the equivalent application in the federal district court and follows the state procedure for service and conduct of the exam.
The Fair Debt Collection Practices Act, codified at 15 U.S.C. § 1692, governs third-party debt collectors using AT-115, and it forbids harassment, false statements, and contact at unusual hours. A debt buyer who serves AT-115 at 6 a.m. or who threatens arrest in the application risks a private action with statutory damages of up to $1,000 plus actual damages.
Federal bankruptcy law suspends AT-115 the moment the debtor files for protection. The automatic stay under 11 U.S.C. § 362 halts the examination, and any creditor who proceeds despite notice faces stay-violation damages. The consequence is real, with sanctions routinely exceeding $10,000 in reported cases.
A common misconception is that the automatic stay only applies to the debt itself. It applies to the act of examining the debtor, because the exam is a continuation of a collection process within the meaning of the stay statute.
Statewide Nuances and Local Rules
California courts apply AT-115 uniformly, but local rules add wrinkles in the larger counties. Los Angeles Superior Court Local Rule 3.234 requires online reservation through the LA court reservations portal and a self-addressed stamped envelope for return of the conformed order.
San Francisco Superior Court assigns all judgment debtor exams to Department 514, and the SF court self-help center publishes a step-by-step packet for self-represented creditors. Orange County requires e-filing through One Legal or File and ServeXpress for represented parties.
Alameda County holds exams in Hayward Hall of Justice and requires creditors to bring a current cost memo to every hearing. San Diego County uses the San Diego Superior Court reservation system and limits each creditor to one exam per debtor per calendar quarter, mirroring the statewide 120-day rule.
The consequence of ignoring local rules is rejection or continuance, even when the AT-115 itself is perfect. The misconception that a Judicial Council form preempts local rules is wrong, because California Rule of Court 3.20 expressly permits local procedural supplements.
Key Court Rulings
The leading case on the scope of post-judgment examinations is Hooser v. Superior Court (2000) 84 Cal.App.4th 997, which held that creditors may examine debtors broadly about asset locations and that protective orders are limited to truly oppressive questioning. The decision shapes how trial courts handle scope objections at AT-115 hearings.
In Imperial Bank v. Pim Electric, Inc. (1995) 33 Cal.App.4th 540, the Court of Appeal confirmed that the lien created by personal service of an examination order under CCP § 708.110(d) attaches to all personal property subject to enforcement and survives later transfers to good-faith purchasers under specific conditions. This case is the bedrock authority for treating AT-115 as a lien-creation tool.
The Supreme Court in Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919 clarified standing principles that affect assignees filing AT-115 after acquiring a judgment. The takeaway is that an assignee must hold a valid, recorded assignment before invoking the examination procedure.
The consequence of ignoring these rulings is a wasted hearing or, worse, a reversal on appeal. The misconception that examination scope is unlimited is corrected by Hooser, which permits protective orders for harassing or irrelevant lines of questioning.
Renewal, Lien Recording, and Follow-Up
After a productive exam, the creditor often files a Notice of Lien Form AT-180 in any related action where the debtor is a party-plaintiff, capturing settlement proceeds. The creditor also records an Abstract of Judgment using Form EJ-001 in every county where the debtor owns real estate.
To preserve the judgment, the creditor must file a Renewal of Judgment EJ-190 before the 10-year anniversary under CCP § 683.130. Renewal restarts the 10-year clock and preserves the right to file additional AT-115 applications.
The consequence of missing renewal is total loss of enforceability, including the ability to file AT-115. The misconception that a judgment “lasts forever” once entered is dangerously wrong in California.
Frequently Asked Questions
Is Form AT-115 the same as a subpoena?
No. AT-115 is an application and order for a debtor or third-party examination, while a subpoena uses Form SUBP-010 and compels documents or third-party testimony in different procedural contexts.
Can I file Form AT-115 in small claims court?
Yes. Small claims creditors file AT-115 in the same court that issued the judgment, follow CCP § 116.820, and use the same Judicial Council form as limited and unlimited civil creditors.
Do I need a lawyer to file AT-115?
No. Self-represented creditors file AT-115 every day, and the Judicial Council self-help guide walks them through every line and the service procedure.
Can the debtor refuse to answer questions?
Yes, but only on valid privilege grounds like the Fifth Amendment, attorney-client, or marital privilege under Evidence Code § 940, and refusal on other grounds triggers a motion to compel.
What happens if the debtor does not show up?
No appearance after proper service triggers a bench warrant under CCP § 708.170, a possible $1,000 sanction, and a contempt referral that can include jail time.
How often can I file Form AT-115 against the same debtor?
No more than once every 120 days against the same person under CCP § 708.160, unless the court grants leave for good cause shown by noticed motion.
Can I examine a third party with AT-115?
Yes, when the third party owes the debtor more than $250 or holds the debtor’s property under CCP § 708.120, and you check Box 1.b on the form.
Does serving AT-115 create a lien?
Yes. Personal service on the judgment debtor creates a one-year lien on the debtor’s personal property under CCP § 708.110(d), preserving priority against later creditors.
How much does it cost to file AT-115?
No uniform fee, but most counties charge $60 under Government Code § 70617, plus $40 to $125 for sheriff or registered process-server fees.
Can I serve AT-115 by mail?
No. Mail service is invalid for AT-115, because CCP § 708.110(d) requires personal service to support both the lien and any later bench warrant.
What if the debtor files bankruptcy after I file AT-115?
Yes, the automatic stay under 11 U.S.C. § 362 halts the examination immediately, and continuing the exam after notice exposes the creditor to stay-violation sanctions.
Can I bring an attorney to a small claims AT-115 hearing?
Yes at the post-judgment examination stage, because the no-attorneys rule of CCP § 116.530 applies only to the trial, not to enforcement proceedings.
Does AT-115 work against an out-of-state debtor?
No directly, but creditors first domesticate the judgment using the Sister State Judgment Act and Form EJ-105, then file AT-115 in California.
Related reading
- How to Fill Out California Form AT-105 (w/Examples) + FAQs
- How to Fill Out California Form CIV-010 (w/Examples) + FAQs
- How to Fill Out California Form CIV-110 (w/Examples) + FAQs
- How to Fill Out California Form MC-051 (w/Examples) + FAQs
- How to Fill Out California Form SC-104 (w/Examples) + FAQs
- How to Fill Out California Form SC-132 (w/Examples) + FAQs